Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75344 of 2022 Arising Out of PS. Case No.-267 Year-2022 Thana- JALALPUR District- Saran ====================================================== AKASH KUMAR S/O ASHOK SINGH Resident of village- Lerua, P.S.- Marhaura, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399/402 of IPC and Sections 27(1-b)a /26/35 of Arms Act. As per prosecution case, informant alleged that after getting secret information, he reached at the place of occurrence and apprehended petitioner along with co-accused persons. After search, one country made pistol two live cartridges, a mobile phone and a motorcycle bearing Reg. NO. BR-04-2450 recovered from his conscious possession.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The

Patna High Court CR. MISC. No.75344 of 2022(2) dt.24-03-2023 2/2 petitioner has no concern with the alleged recovery of arms and other articles which were seized by the police. Nothing incriminating articles have been recovered from the conscious possession of this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 30.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jalalpur P.S. Case No. 267 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Saran (Chapra).

(Sunil Kumar Panwar, J) Manish/- U T